Did the NLRB Preempt Non-Compete Litigation? | Seyfarth Shaw

Over the last week, two apparently unconnected events happened that impacted restrictive covenants and labor laws. First, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, issued a memorandum opinion that certain non-compete agreements may violate the National Labor Relations Act by suppressing workers’ ability to engage in protected concerted activity. Second, the Supreme Court issued the Glacier Northwest, Inc. v. Teamsters decision, where it was held that allegedly intentional destruction of property by a union was not covered by Garmon preemption, a preemption rule that restricts state courts from adjudicating state law claims that actually or arguably constitute an


